Quote of the Day
Common sense dictates that the right to bear arms requires a right to acquire arms, just as the right to free press necessarily includes the right to acquire a printing press, or the right to freely practice religion necessarily rests on a right to acquire a sacred text. Legal interpretation follows that common sense….
The burden imposed by a cooling-off period is brought into sharper focus when considered in the context of other constitutional rights. A carte blanche one-week cooling-off period to publish news stories? Unconstitutional. Temporary closures of churches during COVID-19? Unconstitutional. Roman Cath. Diocese of Brooklyn v. Cuomo (2020) (“The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” If a criminal defendant had to wait thirty days after his arraignment before he could seek legal counsel so that he would not unduly resist his prosecution? Unconstitutional, of course. See Rothgery v. Gillespie Cnty. (“[C]ounsel must be appointed within a reasonable time after attachment to allow for adequate representation at any critical stage before trial.”). The Second Amendment is no different.
Timothy Tymkovich
Tenth Circuit Judge
August 19, 2025
7-Day “Cooling-Off” Period for Gun Purchases Struck Down by Tenth Circuit Panel – Reason.com
As Justice Thomas said in June of 2015, “Second Amendment rights are no less protected by our Constitution than other rights enumerated in that document.”
I am seeing more and more evidence that the lower courts are getting a clue. It took, metaphorically, a clue by four to get their attention but they are starting to come around.
“Common sense dictates,”
I would die with a smile on my face if that ever happened.
That NOT happening is one of the constants in the universe.
And something evil men can never allow.
But it is nice to see it boil to the surface now and again.
I realized long ago that “Common Sense” was not at all common among humans, so I referred to it as “Horse Sense” until someone told me of stunts that horses pull. I briefly referred to it as “Motherwit”, but stopped when I saw some of the things absolutely devoid of any sense some mothers did. I don’t know what to call it now, but I do agree with the slogan that “Common Sense is so rare now that it should be considered a superpower.”
We are living in Robert Heinlein’s “Crazy Years”, if that helps any.